View source for Blood Sample Warrants in Conveyance Investigations

[[Fr:Mandat_d%27échantillon_de_sang_dans_le_cadre_d%27enquêtes_sur_les_moyens_de_transport]]
{{Currency2|January|2023}}
{{LevelZero}}{{HeaderConveyances}}

==General Principles==
{{seealso|Proof of Impairment by Alcohol (Prior to December 13, 2018)|Proof of Impairment by Drugs (Prior to December 13, 2018)}}

==Warrant to Take Samples==

{{quotation2|
; Warrants to obtain blood samples
320.29 (1) A justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner or a qualified technician to take the samples of a person’s blood that, in the opinion of the practitioner or technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood alcohol concentration or blood drug concentration, or both, if the justice is satisfied, on an information on oath in Form 1 {{AnnSec|Form 1}}, that
:(a) there are reasonable grounds to believe that the person has, within the preceding eight hours, operated a conveyance that was involved in an accident that resulted in bodily harm to themselves or another person or in the death of another person;
:(b) there are reasonable grounds to suspect that the person has alcohol or a drug in their body; and
:(c) a qualified medical practitioner is of the opinion that
::(i) by reason of any physical or mental condition of the person, the person is unable to consent to the taking of samples of their blood, and
::(ii) the taking of samples of the person’s blood will not endanger their health.

; Form
(2) A warrant issued under subsection (1) {{AnnSec3|320.29(1)A}} may be in Form 5 {{AnnSec|Form 5}}, varied to suit the case.
<br>
(3) [repealed, 2022, c. 17, s. 10].
<br>
; Duration of warrant
(4) Samples of blood may be taken from a person under a warrant issued under subsection (1) {{AnnSec3|320.29(1)A}} only during the time that a qualified medical practitioner is satisfied that the conditions referred to in subparagraphs (1)(c)(i) and (ii) continue to exist.
<br>
; Copy to person
(5) If a warrant issued under subsection (1) {{AnnSec3|320.29(1)A}} is executed, the peace officer shall, as soon as practicable, give a copy of it — as a well as a notice in Form 5.‍1 {{AnnSec|Form 5.1}}, varied to suit the case — to the person from whom the samples of blood are taken.
<br>
; Taking of samples
(6) Subsections 320.28(7) to (10) {{AnnSec3|320.28(7) to (10)}} apply with respect to the taking of samples of blood under this section.
<br>
{{LegHistory10s|2018, c. 21}}, s. 15;
{{LegHistory20s|2022, c. 17}}, s. 10.
{{Annotation}}
|{{CCCSec2|320.29}}
|{{NoteUp|320.29|1|2|3|4|5|6}}
}}
{{quotation2|
; Testing blood — drug or alcohol
320.3 Samples of a person’s blood that are taken for the purposes of this Part {{AnnSec|Part VIII}} may be analyzed to determine the person’s blood alcohol concentration or blood drug concentration, or both.
<br>
{{LegHistory10s|2018, c. 21}}, s. 15.
{{Annotation}}
|{{CCCSec2|320.3}}
|{{NoteUp|320.3}}
}}

==Blood Sample Seizure in Impaired Driving Investigations (Until December 13, 2018)==
* [[Blood Sample Seizure in Impaired Driving Investigations (Until December 13, 2018)]]